Council archive · source document
planning report Eumundi Noosa Rd - Courtware · MCU24/0125
Development Application
Planning Report
Multiple Dwellings (15 units)
and associated Operational Works
and Community Title Subdivision
Subject site: 73, 75, 77 Eumundi Noosa Road
& 5C, 5D, 5E Starboard Ave, Noosaville
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Contents
1.0 Summary ........................................................................................................................... 3
1.1 Development application details ................................................................................................3
1.2 Planning instrument details .......................................................................................................3
1.3 Referral agencies........................................................................................................................3
2.0 Site details ......................................................................................................................... 4
2.1 Site description ..........................................................................................................................4
2.2 Surrounding land uses ................................................................................................................5
3.0 Proposed development details .......................................................................................... 6
4.0 Planning assessment .......................................................................................................... 8
4.1 Technical Compliance .................................................................................................................8
4.2 Built form ...................................................................................................................................9
4.3 Sustainable Building Design Code ............................................................................................. 11
4.4 Works Codes ............................................................................................................................ 12
4.5 Reconfiguring a lot code – community title .............................................................................. 13
5.0 State assessment and other matters ................................................................................ 13
5.1 State interests .......................................................................................................................... 13
5.1.1 Matters established in the Planning Regulation ............................................................................ 13
5.1.2 State Planning Policy ...................................................................................................................... 13
6.0 Conclusion ....................................................................................................................... 14
Client Name: Courtware (Australia) Pty Ltd
Prepared by: Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO RPIA
Version: 1
Date: 25 September 2024
This report is based on the QLD Government’s planning report template (Department of Infrastructure, Local Government
and Planning), which adopts a ‘report-by-exception’ approach. The planning report only discusses the key issues and
matters where a proposed development does not exactly meet the requirements of, or conflicts with, a planning scheme
or other planning instrument.
Disclaimer: While every care has been taken in preparing this report, Pivotal Perspective Pty Ltd accepts no responsibility
for decisions or actions taken as a result of any data, information, statement or advice, expressed or implied, contained
within. To the best of our knowledge, the content was correct at the time of publishing.
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1.0 Summary
1.1 Development application details
Proposed development: • Multiple Dwellings (15 units)
• Operational work
• Reconfiguring a lot (Community Title Subdivision)
Type of approval sought: Development Permit for –
• Material Change of Use
• Operational work
• Reconfiguring of a lot
Site address: 73, 75, 77 Eumundi Noosa Road, Noosaville
2C, 2D, 2E Starboard Ave, Noosaville
Real property description: Lots 1, 2, 3, 48, 49, 50 SP298783
Site area: Total combined area of all lots – 5,490m2
Assessment manager: Noosa Council
Owner details: Courtware (Australia) Pty Ltd
Applicant details: Courtware (Australia) Pty Ltd c/- Pivotal Perspective Pty Ltd
1.2 Planning instrument details
State planning policy: State Planning Policy 2017
Regional plan: ShapingSEQ 2023 - urban footprint designation
Designation:
Planning scheme: The Noosa Plan 2020 (A1 – 25 Sept 2020)
Zone: Medium Density Residential zone
Level of assessment: Code
Applicable overlays: Nil – No cut below 5m AHD
Applicable codes: Noosaville Local Plan Code
Medium Density Residential Zone Code
Dual Occupancy and Multiple Dwelling Code
Reconfiguring a Lot Code
1.3 Referral agencies
Nil
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2.0 Site details
2.1 Site description
Table 1: Site description
Site characteristic Description
Existing land use Single Dwelling House on 75 Eumundi Noosa Rd
Frontage and access 66m to Eumundi Noosa Road and 8m to Starboard Ave
Topography and The lot slopes to the east from 14m AHD at Eumundi Noosa Rd to 3m
views AHD at Starboard Ave.
Existing vegetation Some urban gardens and scattered trees around the existing house.
Easements Existing sewerage easement through site; Access easement to Starboard
Ave and other services easements
Figure 1 - Aerial view and site identification. Source- Nearmap
Figure 2 – Relevant Easements and titles for access burdening existing lot 49 (Easement X).
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Figure 3 – Site photo from Starboard Ave and Eumundi Noosa Rd
Figure 4 – Site photos looking east over the site
2.2 Surrounding land uses
Table 2: Surrounding land uses
Surrounding land uses
West Eumundi Noosa Road and an environmental buffer zone.
South 38 Multiple Dwelling Unit development currently being constructed (MCU23/0094 Jura).
East Dwelling houses at 2B and 6 Starboard Ave. Note: 2, 2A and 2B Starboard Ave adjoin
the site’s access easement
North Dwelling houses at 2A, 2B Ely St and 71 Eumundi Noosa Rd
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3.0 Proposed development details
Table 3: Summary of development aspects
Material change of use
Building height 8.1m
Gross floor area (GFA) 0.39:1 (2,194m²)
Site coverage 0.39:1 (2,194m²)
Car parking 32 spaces including 4 visitor spaces
Site access Eumundi Noosa Road and Starboard Court
The application proposes 15 separate 2 storey multiple dwellings, consisting of the following
features:
- 12 x 3 bedroom 2 storey dwellings;
- 2 x 2 bedroom 2 storey dwellings;
- Dwelling sizes (GFA) are as follows:
o Unit 1 (3 bedroom) – 150m²
o Unit 2 (3 bedroom) – 134m²
o Unit 3 (3 bedroom) - 134m²
o Unit 4 (3 bedroom) – 150m²
o Unit 5 (3 bedroom) – 150m²
o Unit 6 (3 bedroom) – 150m²
o Unti 7 (3 bedroom) – 130m²
o Unit 8 (2 bedroom) - 127m²
o Unit 9 (3 bedroom) – 130m²
o Unit 10 (2 bedroom) – 127m²
o Unit 11 (3 bedroom) – 150m²
o Unit 12 (3 bedroom) – 164m²
o Unit 13 (3 bedroom) – 164m²
o Unit 14 (3 bedroom) – 164m²
o Unit 15 (3 bedroom) – 164m²
- attention to privacy of adjoining land uses with high level windows.
- attention to privacy for internal units with the use of strategically placed privacy screens and
high level windows.
- interesting traditional roof form consisting of separate pitched roof in character with the
Noosaville look and feel
- stagger presentation so each dwelling gains a northern aspect;
- a mixed of natural external materials including horizontal and vertical elements;
- covered car spaces and storage for each dwelling;
- 4 visitor car spaces;
- generous private open space at ground and the upper level;
- significant soft landscaping;
- landscaping to the full length of Eumundi Noosa Road, the access handle and the eastern
boundary adjoining the existing dwellings neighbouring the site.
A copy of the proposed site plan is included below.
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we PIVOTAL we TY Figure 6 -Renders Page 7 of 14
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4.0 Planning assessment
4.1 Technical Compliance
The proposed multiple dwellings meet the relevant key technical provisions of the Medium Density
Residential and Multiple Dwellings Codes, as described below, with further discussion provided
against the relevant Performance Outcome thereafter.
Criteria The Noosa Plan 2020 Proposal Compliance
Site Details Combined total = 5,490m²
Height 8m and 2 storeys 8m and 2 storeys Y
Unit 8 – 8.1m PO
Site Cover 40% (2,196m2) 39.9% (2,193m2) Y
GFA 0.4:1 (2,196m2) 0.39:1 (2,194m2) Y
Private Open Ground Level (25m2) >25m2 Y
Space Above Ground (9m2) >9m2 Y
Setbacks Eumundi Noosa Road Frontage (6m) 6m – all unit walls of the building Y
5.8m – Unit 1 basement PO
5.4m – unit 1 eave PO
5.8m - unit 2 eave PO
5.75m – unit 3 eave PO
5.9m – unit 4 eave PO
5.8m – unit 5 eave PO
Side
- north (1.5m / 2m / 2.5m) 1.5m / 2m Y
- south (1.5m / 2m / 2.5m) 2.1m / 3.15m Y
Rear (6m) 6.1m Y
Wall length <15m <15m Y
Garages Garage doors facing the street are No garages face the street Y
separated by 2m or staggered
Roof Form 5 degree pitch and eaves to 75% of building >5 degrees and eaves to >75% of Y
buildings
Landscaping Front 6m landscaping with pools and visitor Pool setback 3m – 3.5m Y
carparking setback 2m
40% (2,196m²) landscaping with 60% of this 47.1% (2,586m²) Y
to be soft landscaping (878m²) 79.4% soft landscaping (1,744m²) Y
Carparking and 2 spaces per dwelling greater than 100m² -
access 30 spaces; plus 28 spaces PO
1 visitor per 4 units – 3.75 4 spaces Y
Total req. – 33.75 32 spaces PO
Earthworks Cut or fill less than 1.5m >1.5m PO
Excavations for basements are greater
than 1.5m, but are backfilled so no
amenity issues arise.
Waste Storage Screened waste areas and located for Bins located in access handle Y
transport to kerb with grade of <1:15
Fencing Setback an avg of 1m and articulated by Can be setback average 1m Can be
stepping the design. conditioned
to comply.
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4.2 Built form
The built form provides for individual buildings with a good mix of external finishes and interesting
roof form. Each building has a range of courtyards for the residents with large balconies. Each
dwelling provides generous landscaping open space including soft landscaping per dwelling.
The architect has ensured privacy is maintained between land uses with high level windows where
appropriate. All dwellings have a northern and eastern aspect to take advantage of cool breezes and
winter sunlight. In some cases, screening is used to soften the summer solar access.
Although some retaining walls are required to provide terracing for vehicle access and building pads,
natural ground level is reinstated along all boundaries. The landscaping has been terraced so
internal to the site no tall retaining walls are proposed. Of note is the driveway entry from Eumundi
Noosa Road where raised gardens to NGL are provided to ensure compliance with the building
height is maintained.
There is no stormwater management onsite as this has been addressed in the neighbouring
subdivision (reference Appeal No:118 of 2006 and OPW15/0133). The existing detention basin
created as part of the subdivision is suitable to provide mitigation for the stormwater quantity flow
and achieves the Water Quality Objectives outlined in the Planning Scheme.
Building height
The proposal complies with the 8m building height except for a minor portion of unit 8 at the ridge of
the roof which is proposed at 8.1m. The minor encroachment complies with PO8 of the Medium
density residential zone code for the following reasons:
• The building is 2 storeys and the 0.1m encroachment is minor and will not be noticeable from
any areas on site providing a structure which is consistent with the surrounding development;
• Will not be seen from the street. While the unit is at the end of the driveway from Eumundi
Noosa Rd, it is the eastern portion of the ridge which will be blocked from view by the front part
of the roof.
• Will not dominate the surrounding spaces as it is such a minor encroachment it will not be
noticeable;
• Will not obscure views from surrounding area as it is a minor are less than 1m² that exceeds
8m and is located at the end of the eastern ridge near the hip end;
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Setbacks
All setbacks comply except for small portion of the eave of units 1 – 5 which encroach into the front
setback of the Eumundi Noosa Rd, ranging from an encroachment of 0.1m to 0.6m. Figure 3 below
shows the extent of the variations sought.
Figure 7 - Red highlight shows encroachment into setback
The front setback fully complies with PO12 of the Medium density residential zone code for the
following reasons:
• The eaves will not impact on views or visual privacy as they are narrow structures and given
the buildings orientation and the privacy measures in place they are unlikely to be seen from
the neighbouring units.
• The encroachments will not create noise as they do not allow additional areas of habitation
to create noise.
• Buildings and building openings all comply with setback provisions so there is no additional
overlooking as a result of the eave encroachment.
• Good separation is provided between land uses
• No existing vegetation is to be retained but extensive new landscaping in the frontage will
result in a green street scape along the major road frontage.
• The development provides LOS, POS and landscaping in excess of the requirements of the
Planning Scheme. The eaves will not create negative impacts on the amenity of the new
residents;
• Prior to Noosa Plan 2020 600mm eaves were permitted within the setback. Many of the
surrounding development were constructed under the superseded planning scheme and as
such the development is consistent with this character. Notwithstanding, the superseded
planning scheme setbacks, the encroachments are minor in nature, given they are corners
and small slithers of eaves, and unlikely to be noticeable from the street or internal to the
site
• The 6m setback is primarily landscaping which will provide a green presentation to the
street.
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4.3 Sustainable Building Design Code
An assessment against the Performance Outcomes (PO8) of the Sustainable Building Design
Code is provided below.
Performance Outcome Comment
orientates buildings and The design includes good building separation and open plan
windows to make the most of living with opening to the front and rear of each dwelling to
prevailing winds, natural allow for good flow through ventilation.
ventilation, and cross breezes;
maximises shade to east and Eaves to both the ground floor and the upper level roof
west walls; provide shading to the east and west walls. High level
windows on the upper level also minimise the amount of
direct sun that can enter the dwelling.
contains an open and Dwellings have access to private open space directly from
permeable built form that the living spaces. The dwellings have generous balconies
connects indoor and outdoor which have a northern aspect where possible.
spaces in an integrated design;
retains existing vegetation and Although not proposing to retain trees, the design
natural shading where possible; incorporates large plantings along the frontage of the site and
between building to allow for shading and a vegetated
presentation to the street and other internal buildings.
Suitable species are proposed to shade the POS, provide
privacy and ensuring root damage does not occur to the
sewer.
incorporates The architecturally designed Multiple dwellings have
passive building design to strategically placed openings, masonry walls and LOS to help
reduce the need for auxiliary with thermal comfort. The orientation design creates
heating and cooling; dwellings that can be kept warm in winter and cool in summer
uses low toxic internal and A mix of low toxic internal and external materials are
external building materials; incorporated for the construction which will ensure long
lasting design that does not require regular maintenance.
uses natural light rather than Natural light is provided through high level windows on the
artificial light, and may include upper level and the use of glazing on the ground level.
skylights, atriums and light
wells;
provides a minimum floor to The design proposes a 3m floor to height.
ceiling height of 2.7 metres; and
enables efficient operation and The design allows for medium density living and privacy to
use of the building. each of the dwellings, while also allowing the users to easily
flow between the main living and bedroom levels.
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4.4 Works Codes
The site falls from the west to the east towards the rear of the property and the access handle to
Starboard Court.
There is no stormwater management onsite as this has been addressed in the neighbouring
subdivision (reference Appeal No:118 of 2006 and OPW15/0133). The existing detention basin
created as part of the subdivision is suitable to provide mitigation for the stormwater quantity flow
and achieves the Water Quality Objectives outlined in the Planning Scheme.
The development minimises driveways with only one driveway crossover provided from the Eumundi
Noosa Road frontage and one access handle from Starboard Court. The Eumundi Noosa Road
access is proposed as a left in, left out with excellent sight lines to the north and south. Noting there
are currently 3 MDRZ lots which could accommodate at least 3 driveways and 4 units on each lot
culminating in around 12 units and traffic generation to 3 different driveways. The proposal seeks
only 1 driveway and 11 units using this driveway. A far better outcome than 3 driveways from the
major road.
Carparking
The proposal is deficient by 2 car spaces with 1 space provided for unit 8 and 1 space provided for
unit 10. These units are 2 bedrooms and 127m² each and the planning scheme requires 2 spaces
each as they are greater than 100m².
One space for each of these units is sufficient as they are 2 bedrooms (albeit 27m² larger floor area
than required for 1 car space) and smaller than all the other unit types onsite. The additional area is
attributed to living spaces so regardless of living space size there are only 2 bedrooms and the same
number of people living on site whether the dwelling is 100m² or 127m². Further, a visitor space is
located adjacent to both units. It is considered there are sufficient spaces onsite for the intended
land use in accordance with the Performance Outcomes.
Earthworks
Although some cut and fill is proposed, the building steps down the slope and therefore no more
than 1.5m retaining wall height is required to deliver the development. The NGL ground levels is
retained along all boundaries.
In term of waste management, refuge bins are provided along the access handle. It is recommended
a condition to be provided for a waste management plan in this regard.
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4.5 Reconfiguring a lot code – community title
The proposal seeks a community title subdivision for 1 lot per dwelling and a Lot 0 of common
property, being 6 lots into 16 lot community title subdivision (15 dwellings plus common property)
The proposal complies with the Performance outcomes PO27 – PO29 for the following reasons:
• The subdivision will occur once construction of the approved buildings is complete;
• The driveway and entry access are clear statements of design;
• The design provides amenity and convenience for the users;
• The dwellings are less than 400m to the Goodchap Street medical precinct and
approximately 1 kilometre to Noosa Civic where all services and facilities.
• Public transport runs along the Eumundi Noosa Road to the front of the site;
• Is within a Medium Density Residential Zone;
• Separate buildings are proposed not one large bulky Multiple dwelling;
• The proposal is only seeking a different tenure as in reality the building presents no different
to a building unit format plan with exclusive use areas;
• The dwelling and carparking can be accommodated onsite;
• Urban infrastructure will be provided;
• The proposal is in an urban environment and is not negatively impacting on any assessable
vegetation;
• The lots are generally rectangular in shape; and
• The proposal complies with LOS and POS requirements of the code and therefore by default
provides more than reasonable amenity for the residents.
5.0 State assessment and other matters
5.1 State interests
5.1.1 Matters established in the Planning Regulation
Nil
5.1.2 State Planning Policy
The SPP includes assessment benchmarks that may be applicable where a local government
planning scheme does not adequately reflect the SPP. The Noosa Plan 2020 appropriately
integrates all SPP provisions, except for Natural Hazards, risk and resilience – coastal hazards – in
part.
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6.0 Conclusion
This application seeks the following development permits at 73, 75, 77 Eumundi Noosa Road
& 5C, 5D, 5E Starboard Ave, Noosaville –
• Material Change of Use for Multiple Dwellings (15 units);
• Operational works for engineering and landscaping;
• Reconfiguring a lot (6 lots into 16 lots);
The proposed multiple dwellings use is a consistent code assessable development within the
Medium Density Residential Housing Zone. The assessment finds the design generally meets the
relevant Acceptable and Performance Outcomes.
The Planning Act 2016 prescribes that a code assessment must be carried out only—
(a) against the assessment benchmarks in a categorising instrument for the development
(The Noosa Plan 2020); and
(b) having regard to any matters prescribed by regulation.
Council, after carrying out the assessment—
(a) must decide to approve the application to the extent the development complies with all of
the assessment benchmarks for the development; and
(b) may decide to approve the application even if the development does not comply with
some of the assessment benchmarks; and
Examples—
1 An assessment manager may approve an application for development that does not comply with some of
the benchmarks if the decision resolves a conflict between the benchmarks.
2 An assessment manager may approve an application for development that does not comply with some of
the benchmarks if the decision resolves a conflict between the benchmarks and a referral agency’s
response.
(c) may impose development conditions on an approval; and
(d) may, to the extent the development does not comply with some or all the assessment
benchmarks, decide to refuse the application only if compliance cannot be achieved by
imposing development conditions.
Example of a development condition—
a development condition that affects the way the development is carried out, or the management of uses
or works that are the natural and ordinary consequence of the development, but does not have the effect
of changing the type of development applied for
The assessment finds the development generally complies with all Acceptable Outcomes of the
applicable codes. The Assessment Manager’s favourable consideration of the above development
application is therefore recommended.
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